2020 QCCQ 9630, 2020 QCCQ 9630

Protection de la jeunesse — 20146 2020 QCCQ 9630 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 505-41-009520-190 DATE: January 23, 2020 ______________________________________________________________________ BY THE HONOURABLE ANNICK BERGERON, J.C.Q. ______________________________________________________________________ X Born: [...], 2005 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant and A and B Parents ______________________________________________________________________ JUDGMENT (Section 95 YPA) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] X is residing at the […] Group Home A since November. A provisional measure was then ordered because the child’s situation has deteriorated since the Court order rendered in September. She was self-harming, skipping school often and was using drugs such as speed and cannabis on a regular basis. X is now willing to address her addiction issues. She has been sober since integrating the group home on November 28. She was also the victim of a sexual abuse prior to her placement.

She has also accepted to engage in a mental health program offered at the group home. [ 2 ] The Director of Youth Protection (the Director’

s) recommendations are to entrust her to a reception center for a year with regular contacts with her father and various services required by her condition. [ 3 ] The child agrees with the Director’s position to remain entrusted to the group home in Town A . However, she thinks that a period of one year is too long and believes that she would be able to go back to live in the community before that. She is asking for a period of six months instead of one year. [ 4 ] The father is initially in agreement with the recommendations.

However, after hearing his daughter’s position, he expressed that it would be better for her if the measures did not end in the middle of a school year. X has just started attending school in the State A with other youths from the group home. Although it is a bit different than the school in Quebec, she is functioning well and most importantly, she attends school on a regular basis. [ 5 ] The father and X are working on improving their relationship. The father is visiting her according to the rules imposed by the group home. [ 6 ] The mother is not involved in her life.

The Court therefore proceeds without her presence. ISSUE AND ANALYSIS [ 7 ] Should X be entrusted to the group home for one year or for a shorter period?

[ 8 ] X will remain entrusted to the reception center until August 31 st , 2020, at which time the parties will discuss the measures the most appropriate for the beginning of the next school year. [ 9 ] The question at issue is to determine the duration of the placement. X has made significant progress since she was entrusted to the group home. The caseworker is recommending a lengthy duration of placement. Although she will benefit from a placement, a period of one year seems a bit too long especially considering the progress demonstrated so far.

Since the attendance of school was problematic, it appears in her best interest to examine her situation before the next school year instead of having the end of the court order in the middle of January. The Tribunal understands the caseworker’s point of view that a shorter measure could place X in a position of failure. However, a longer measure could be discouraging, which is not better. [ 10 ] The Tribunal is encouraging X to continue her hard work. She is a brave and resilient teenager and her progress towards healing are impressive.

She should be proud of herself and maintain her efforts with the support of her dad and the professionals that surround her. [ 11 ] In conclusion, the Court declares that the security or the development of the youth is still endangered. The following measures are adequate to put an end to the situation of endangerment.

FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the present application; [ 13 ] DECLARES that the security and the development of the child X are still in danger; [ 14 ] REVISES ET EXTENDS the Court order rendered on September 3, 2019; [ 15 ] ORDERS that the child be entrusted to an institution operating a rehabilitation center chosen by the Director of Youth Protection A; [ 16 ] TAKES JUDICIAL NOTICE that the reception center is […] Group Home A; [ 17 ] ORDERS that the contacts between the child and her father and extended family members be upon agreement between the parties; [ 18 ] ORDERS that the child and her father meet regularly and report to the Youth Protection caseworker on the measures they apply in their own regard to put an end to the situation; [ 19 ] ORDERS that the child and her father take an active

part in the application of the measures ordered, namely in the child’s service plan and that they follow recommendations; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and her family; [ 21 ] RECOMMENDS that the child continues to follow treatment program and that she follows recommendations of the […] Group Home A which includes: addiction services and mental health; [ 22 ] TAKES ACT that Youth Protection caseworker and […] Group Home A will continue to support the child in her decision to go through with criminal charges against the alleged abuser; [ 23 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the present judgment; [ 24 ] THE WHOLE until August 31, 2020. __________________________________ ANNICK BERGERON, J.C.Q.

M e Isabelle Lyonnais Attorney for the Applicant M e Karyn Brown Attorney for the child Date of hearing: January 23, 2020 Signature date: January 29, 2020